What is the 5 month rule for OPT?

Classes at the new school must begin within 5 months of the transfer release date or the end date on the EAD, whichever is earlier. Students may request a release date in the future and continue working on OPT until that date as long as the EAD has not expired and the new program of study has not yet begun.

Does 5-month rule apply to OPT?

The 5-month Temporary Absence Rule also applies to alumni on authorized F-1 OPT or STEM OPT Extension, therefore these alumni should be sure not to be outside the U.S. continually for a period of 5 months or longer or it would void the OPT or STEM OPT authorization.

How long can I be out of the US while on OPT?

During OPT/STEM the I-20 should be up-to-date with your current informaiton and the travel endorsement is only valid for 6 months of travel. Employer Updates: If your OPT or STEM OPT is Approved, your I-20 should reflect the approval and your current employer on page 2.

What is the 5-month rule for F1 visa?

The 5-month rule applies when an F-1 student quits attending school without getting a valid early withdrawal. This regulation states that if an F-1 student misses more than five months of classes, their F-1 status may have been compromised.

What is the new rule for OPT?

Eligibility for a STEM extension of OPT

The new regulation will broaden the eligibility criteria for a STEM extension of OPT and lengthen the duration of STEM employment authorization, as follows: A more extensive list of U.S. STEM and related degrees will qualify F-1 students for an OPT extension.

OPT: When to Apply 5/9

What is the maximum time for OPT?

The authorization process takes an average of 3-5 months. The maximum amount of time granted to work in F-1 OPT status is 12 months per degree level plus a possible H-1B cap-gap extension OR a 24-Month extension for those who qualify (see questions on the 24-Month STEM Extension below).

How long is OPT allowed?

Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.

How do I keep F-1 status after OPT?

F-1 students on OPT must find and report a job as part of maintaining status. F-1 students may not exceed 90 days of unemployment during their 12 months of Post-Completion OPT, and must report their employer's details in a timely manner.

What is the 5 month rule study in the states?

The five month rule refers to the termination of a student's record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months.

How long can F-1 students be out of status?

US Immigration law states that individuals in the US for more than 180 days without a valid status are banned from returning to the US for at least 3 years. Individuals in the US for more than 1 year without a valid status are banned from returning to the US for at least 10 years.

What happens if I lose my job on OPT?

Students with a 12-month Post-Completion OPT authorization cannot be unemployed for more than 90 days. This is aggregate, meaning that if you have 40 days of unemployment, you would only be allowed to be unemployed for a remaining 50 days before you risk violating your immigration status.

Can you reenter the US on OPT?

Can I reenter if I left while on OPT? If USCIS has approved your OPT you will be expected to have your EAD in hand to re-enter the United States, in addition to your Form I-20, valid passport and visa, and a letter of employment if you have one.

What are my options if OPT is denied?

If you receive notice of the denial before your 60 day grace period expires, you may reapply for OPT but will need to resubmit all application materials again, including a new OPT Recommendation from OIA as well as another $410 filing fee. The 2nd application will also be subject to the 3-5 month processing time.

Can I work more than 40 hours on OPT?

There is no maximum number of hours that can be worked while on STEM OPT, but because there is a minimum, it may be difficult to work for more than 2 employers. For example, if you work for two qualifying STEM OPT employers, at a minimum, you would need to be working 40 hours per week.

How long can a F-1 student stay in the US without attending school?

How long can I stay in the U.S.? Up to 60 days after completion of your program. You may not work during those 60 days. If you do not complete your program you may only stay for 15 days pending approval from an International Advisor.

What is the 5 month rule?

This rule, as the name implies, means that F1 visa holders who are studying in the United States may leave the country for a period of no more than five months before returning and resuming their studies.

Can parents stay more than 6 months in USA?

The maximum initial period is six months. People who want to remain longer need to apply for an extension. There is no specified limit on the number of extensions allowed. Be aware that the USCIS requires at least four months to process an application for extension in B-2 status.

What happens if I stay more than 3 months in USA?

Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.

How strict is OPT?

Under the F1 OPT visa status, you will need to strictly comply with the 90 days unemployment provision, which means that if you fail to find a job within 90 days of the start of your OPT, you will have to prepare for your departure from the U.S or apply for the change of status.

Is it harder to get a job on OPT?

OPT is a work authorization, for students who hold F1 Visa. It can work while they are enrolled in any degree in any College Course based in the USA. Finding OPT jobs is a tough nut to crack but it is not impossible. With the proper guidance and strategy one can quickly grab a decent job offer.

Does USCIS reject OPT?

If a student submits the Form I-765 on paper or electronically before you recommend the OPT or after the 30-day post-DSO recommendation period: USCIS will deny the application. (Federal regulations require the DSO OPT recommendation on the student SEVIS record before the Form I-765 is submitted.)

Can I work for 2 employers on OPT?

You may work for multiple employers (including short-term gigs, self-employment, contract work, or work for hire). In order for your OPT employment to be considered active, you must be working 20 hours per week or more between all OPT jobs combined.

Should I tell my employer I am on OPT?

If you have work authorization (such as CPT/OPT) and do not need the employer to petition on your behalf now or in the future, you do not have to discuss your status. However, if you will need an employer to file for work authorization for you at some point then it is a good idea to bring it up before you come onboard.

What is the 14 month rule for OPT?

The end date for OPT will be 12 months after the OPT start date. The latest end date for a student on Post-Completion OPT is always 14 months after the student completed their studies.

How many times can I extend my OPT?

A student may participate twice in the STEM OPT extension over the course of their academic career. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial (usually 12-month) period of post-completion OPT.